By Elena Durnbaugh
Gongwer News Service
Legislation that would change the requirements for dismissing charges against defendants deemed incompetent to stand trial passed the House on Wednesday
Under HB 4596 , a court order determining a defendant’s competence to stand trial remains in effect for 15 months once the defendant has been admitted for treatment at a state facility to render the defendant competent to stand trial.
Currently, the law sets the limit and 15 months from the date of the court’s order deeming the defendant incompetent to stand trial.
Rep. Jennifer Wortz, R-Quincy, spoke in support of the bill she sponsored during a floor speech.
“An untreated mental illness should never serve as a scapegoat that prevents victims from receiving justice,” she said. “My plan would ensure defendants have ample treatment time before needing to stand trial by delaying the implementation of the 15-month period until mental health treatment begins, ensuring victims and the accusers get their day in court.”
The bill requires the court to grant permission to refile the charges if it determines after a hearing that the defendant is competent to stand trial and allow a prosecutor to file charges again at any time for any felony charges, regardless of the maximum term of imprisonment for the crime.
Rep. James DeSana, R-Carleton, spoke against the bill in a floor speech, saying it delayed justice for people accused of a crime.
“It extends the timeline for which criminal charges may hang over the head of a person found incompetent to state trial,” he said. “We all know that Michigan faces challenges with mental health resources. We should fix that, but we should not trample the rights of the most vulnerable in the process.”
It passed 64-36. Rep. Kelly Breen, D-Novi; Rep. Jennifer Conlin, D-Ann Arbor; Rep. John Fitzgerald, D-Wyoming; Rep. Carol Glanville, D-Walker; Rep. Mike McFall, D-Hazel Park; Rep. Denise Mentzer, D-Mount Clemens; Rep. Will Snyder, D- Muskegon; Rep. Angela Witwer, D-Delta Township; and Rep. Mai Xiong, D-Warren, voted for the bill.
Rep. Josh Schriver, R-Oxford; Rep. Brad Paquette, R-Niles; Rep. Joseph Fox, R-Fremont; and DeSana voted against it.
The House also passed HB 4160 , which would prohibit a state agency from adopting or issuing a rule that is stricter than the applicable federal standard.
The prohibition would apply regardless of whether the federal government has mandated that the state issue rules to meet a specific federal standard. If the agency director determines there is a clear and convincing need to exceed the federal standard, the reason must be put in writing.
“That’s accountability. That’s transparency,” Rep. Gina Johnsen, R-Portland, said.
Preventing state rules from being stricter than federal rules returns Michigan to a pre-2023 status quo, Johnsen said.
“It ends regulation by assumption and restores regulation by face,” she said. “Every layer of unnecessary red tape costs families, farmers and small businesses. It drives up prices and it makes Michigan less competitive.”
It passed 59-41. Rep. Peter Herzberg, D-Westland, voted with the Republican majority.
The Michigan League of Conservation Voters criticized the bill following its passage, saying that during a time of federal deregulation, legislation such as HB 4160 put the health of Michigan residents at risk.
“This legislation would tie Michigan’s hands and make it harder for our state to protect our families from toxic pollution,” Lisa Wozniak, executive director of the organization, said in a statement. “Federal standards should be the floor, not the ceiling, and Michigan must retain the freedom and independence to hold polluters accountable when Washington refuses to act.”
This year, the federal government has decreased regulations on PFAS in drinking water standards, wastewater from coal-fired power plantes, state energy decisions and oil and gas pollution.
Finally, the House passed HB 4522 on Wednesday, which would prohibit truck drivers from driving in the far-left lane on a freeway with three or more lanes for travel, except for when making a left turn, when there’s a hazard on the freeway or if there is a lane closure for construction or repair.
“There are many reasons for this: gains in safety and ease of traffic flow, as well,” Rep. William Bruck, R-Erie, said.
The bill would require changes to about 120 signs across the state and potential lane closures to implement sign placement, according to a House Fiscal analysis, which would cost between $250,000 and $300,000.
The bill passed 92-8. Rep. Timmy Beson, R-Bay City; Rep. Steve Carra, R-Three Rivers; Rep. Jay DeBoyer, R-Clay; Rep. Jim DeSana, R-Carleton; Rep. Jaime Greene, R-Richmond; Rep. Mike Hoadley, R-Au Gres; Rep. Rachelle Smit, R- Martin; and Rep. Donni Steele, R-Orion voted no.
Gongwer News Service
Legislation that would change the requirements for dismissing charges against defendants deemed incompetent to stand trial passed the House on Wednesday
Under HB 4596 , a court order determining a defendant’s competence to stand trial remains in effect for 15 months once the defendant has been admitted for treatment at a state facility to render the defendant competent to stand trial.
Currently, the law sets the limit and 15 months from the date of the court’s order deeming the defendant incompetent to stand trial.
Rep. Jennifer Wortz, R-Quincy, spoke in support of the bill she sponsored during a floor speech.
“An untreated mental illness should never serve as a scapegoat that prevents victims from receiving justice,” she said. “My plan would ensure defendants have ample treatment time before needing to stand trial by delaying the implementation of the 15-month period until mental health treatment begins, ensuring victims and the accusers get their day in court.”
The bill requires the court to grant permission to refile the charges if it determines after a hearing that the defendant is competent to stand trial and allow a prosecutor to file charges again at any time for any felony charges, regardless of the maximum term of imprisonment for the crime.
Rep. James DeSana, R-Carleton, spoke against the bill in a floor speech, saying it delayed justice for people accused of a crime.
“It extends the timeline for which criminal charges may hang over the head of a person found incompetent to state trial,” he said. “We all know that Michigan faces challenges with mental health resources. We should fix that, but we should not trample the rights of the most vulnerable in the process.”
It passed 64-36. Rep. Kelly Breen, D-Novi; Rep. Jennifer Conlin, D-Ann Arbor; Rep. John Fitzgerald, D-Wyoming; Rep. Carol Glanville, D-Walker; Rep. Mike McFall, D-Hazel Park; Rep. Denise Mentzer, D-Mount Clemens; Rep. Will Snyder, D- Muskegon; Rep. Angela Witwer, D-Delta Township; and Rep. Mai Xiong, D-Warren, voted for the bill.
Rep. Josh Schriver, R-Oxford; Rep. Brad Paquette, R-Niles; Rep. Joseph Fox, R-Fremont; and DeSana voted against it.
The House also passed HB 4160 , which would prohibit a state agency from adopting or issuing a rule that is stricter than the applicable federal standard.
The prohibition would apply regardless of whether the federal government has mandated that the state issue rules to meet a specific federal standard. If the agency director determines there is a clear and convincing need to exceed the federal standard, the reason must be put in writing.
“That’s accountability. That’s transparency,” Rep. Gina Johnsen, R-Portland, said.
Preventing state rules from being stricter than federal rules returns Michigan to a pre-2023 status quo, Johnsen said.
“It ends regulation by assumption and restores regulation by face,” she said. “Every layer of unnecessary red tape costs families, farmers and small businesses. It drives up prices and it makes Michigan less competitive.”
It passed 59-41. Rep. Peter Herzberg, D-Westland, voted with the Republican majority.
The Michigan League of Conservation Voters criticized the bill following its passage, saying that during a time of federal deregulation, legislation such as HB 4160 put the health of Michigan residents at risk.
“This legislation would tie Michigan’s hands and make it harder for our state to protect our families from toxic pollution,” Lisa Wozniak, executive director of the organization, said in a statement. “Federal standards should be the floor, not the ceiling, and Michigan must retain the freedom and independence to hold polluters accountable when Washington refuses to act.”
This year, the federal government has decreased regulations on PFAS in drinking water standards, wastewater from coal-fired power plantes, state energy decisions and oil and gas pollution.
Finally, the House passed HB 4522 on Wednesday, which would prohibit truck drivers from driving in the far-left lane on a freeway with three or more lanes for travel, except for when making a left turn, when there’s a hazard on the freeway or if there is a lane closure for construction or repair.
“There are many reasons for this: gains in safety and ease of traffic flow, as well,” Rep. William Bruck, R-Erie, said.
The bill would require changes to about 120 signs across the state and potential lane closures to implement sign placement, according to a House Fiscal analysis, which would cost between $250,000 and $300,000.
The bill passed 92-8. Rep. Timmy Beson, R-Bay City; Rep. Steve Carra, R-Three Rivers; Rep. Jay DeBoyer, R-Clay; Rep. Jim DeSana, R-Carleton; Rep. Jaime Greene, R-Richmond; Rep. Mike Hoadley, R-Au Gres; Rep. Rachelle Smit, R- Martin; and Rep. Donni Steele, R-Orion voted no.
––––––––––––––––––––
Subscribe to the Legal News!
https://www.legalnews.com/Home/Subscription
Full access to public notices, articles, columns, archives, statistics, calendar and more
Day Pass Only $4.95!
One-County $80/year
Three-County & Full Pass also available
